[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1633 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1633

  To suspend temporarily the duty on certain footwear, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 31, 2013

  Ms. Cantwell (for herself, Mr. Blunt, Mr. Roberts, Mr. Merkley, Mr. 
 Moran, Ms. Klobuchar, Mr. Johanns, and Mrs. McCaskill) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
  To suspend temporarily the duty on certain footwear, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Affordable Footwear Act of 2013''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Average collected duties on imported footwear are among 
        the highest of any product sector, totaling approximately 
        $2,300,000,000 in 2011 and approximately $2,500,000,000 in 
        2012.
            (2) Duty rates on imported footwear are among the highest 
        imposed by the United States Government, with some as high as 
        the equivalent of 67.5 percent ad valorem.
            (3) The duties currently imposed by the United States were 
        set in an era during which high rates of duty were intended to 
        protect production of footwear in the United States.
            (4) Footwear produced in the United States supplies only 
        about 1 percent of the total United States market for footwear. 
        This production is concentrated in distinct product groupings, 
        which are not affected by the provisions of this Act.
            (5) Footwear duties, which are higher on lower-price 
        footwear, serve no purpose and are a hidden, regressive tax on 
        those people in the United States least able to pay.
            (6) Low- and moderate-income families spend a larger share 
        of their disposable income on footwear than higher-income 
        families.
            (7) The outdoor industry develops innovative and high 
        performance footwear that promotes healthy and active 
        lifestyles through outdoor recreation.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) there is no production in the United States of many 
        footwear articles;
            (2) the reduction or elimination of duties on such articles 
        will not negatively affect manufacturing or employment in the 
        United States; and
            (3) the reduction or elimination of duties on such articles 
        will result in reduced retail prices for a wide range of 
        consumers.

SEC. 4. DETERMINATION OF CONSTITUENT MATERIAL OF CERTAIN FOOTWEAR.

    Additional U.S. Notes to chapter 64 of the Harmonized Tariff 
Schedule of the United States are amended by striking Additional U.S. 
Note 5 and inserting the following:
            ``5. For the purposes of determining the constituent 
        material of the outer sole pursuant to Note 4(b) of this 
        chapter, the constituent material of an outer sole consisting 
        of rubber or plastics to which textile materials are attached 
        or into which such materials are otherwise incorporated shall 
        be deemed to be only rubber or plastics, and no account shall 
        be taken of the textile materials.''.

SEC. 5. MODIFICATION OF ARTICLE DESCRIPTION FOR CERTAIN WATERPROOF 
              FOOTWEAR.

    Subheading 6401.92.60 of chapter 64 of the Harmonized Tariff 
Schedule of the United States is amended by adding at the end of the 
article description the following: ``, with no portion of the soles and 
uppers exceeding 3.5 mm in thickness''.

SEC. 6. TEMPORARY SUSPENSION OR REDUCTION OF DUTIES ON CERTAIN 
              FOOTWEAR.

    (a) Definitions.--The U.S. Notes to subchapter II of chapter 99 of 
the Harmonized Tariff Schedule of the United States are amended by 
adding at the end the following:
            ``20. For the purposes of headings 9902.64.25 through 
        9902.64.59:
                    ``(a) The term `footwear for men' means footwear of 
                American men's size 6 and larger for males and does not 
                include footwear commonly worn by both sexes.
                    ``(b) The term `footwear for women' means footwear 
                of American women's size 4 and larger, whether for 
                females or of types commonly worn by both sexes.
                    ``(c)(i) The term `work footwear' means, in 
                addition to footwear for men or footwear for women 
                having a metal toe-cap, footwear for men or footwear 
                for women that--
                            ``(A) has outer soles of rubber or 
                        plastics;
                            ``(B) is of a kind designed for use by 
                        persons employed in occupations such as those 
                        related to the agricultural, construction, 
                        industrial, public safety or transportation 
                        sectors that are not conducive to the use of 
                        casual, dress or similar lightweight footwear; 
                        and
                            ``(C) has special features to protect 
                        against hazards in the workplace (such as 
                        resistance to chemicals, compression, grease, 
                        oil, penetration, slippage or static-buildup).
                    ``(ii) The term `work footwear' does not include--
                            ``(A) sports footwear, tennis shoes, 
                        basketball shoes, gym shoes, training shoes and 
                        the like;
                            ``(B) footwear designed to be worn over 
                        other footwear;
                            ``(C) footwear with open toes or open 
                        heels; or
                            ``(D) footwear (except footwear covered by 
                        heading 6401) of the slip-on type or other 
                        footwear that is held to the foot without the 
                        use of laces or a combination of laces and 
                        hooks or other features.
                    ``(d) The term `house slippers' means footwear of 
                the slip-on type designed solely for casual indoor use. 
                The term `house slippers' includes--
                            ``(i) footwear with outer soles not 
                        exceeding 3.5 mm in thickness, consisting of 
                        cellular rubber, nongrain leather, or textile 
                        material;
                            ``(ii) footwear with outer soles not 
                        exceeding 2 mm in thickness consisting of 
                        polyvinyl chloride, whether or not backed; and
                            ``(iii) footwear which, when measured at 
                        the ball of the foot, has sole components 
                        (including any inner and mid-soles) with a 
                        combined thickness not exceeding 8 mm as 
                        measured from the outer surface of the 
                        uppermost sole component to the bottom surface 
                        of the outer sole and which, when measured in 
                        the same manner at the area of the heel, has a 
                        thickness equal to or less than that at the 
                        ball of the foot.
                    ``(e) The term `waterproof footwear' means footwear 
                designed to protect against penetration by water or 
                other liquids, whether or not such footwear is 
                primarily designed for such purposes.''.
    (b) Temporary Suspension or Reduction of Duties.--Subchapter II of 
chapter 99 of the Harmonized Tariff Schedule of the United States is 
amended by inserting in numerical sequence the following new headings:


``     9902.64.25      Sports footwear     Free         No change        No change        On or before 12/
                        with outer soles                                                   31/2018.......
                        and uppers of
                        rubber or
                        plastics, having
                        uppers of which
                        over 90 percent
                        of the external
                        surface area
                        (including any
                        accessories or
                        reinforcements)
                        is rubber or
                        plastics (except
                        footwear having
                        foxing or a
                        foxing-like band
                        applied or molded
                        at the sole and
                        overlapping the
                        upper); the
                        foregoing not
                        including
                        footwear for
                        women (provided
                        for in subheading
                        6402.19.15)......
       9902.64.26      Footwear (other     Free         No change        No change        On or before 12/
                        than work                                                          31/2018.......
                        footwear or
                        footwear designed
                        to be worn over
                        or in lieu of
                        other footwear as
                        a protection
                        against water,
                        oil, grease or
                        chemicals, or
                        cold or inclement
                        weather) with
                        outer soles and
                        uppers of rubber
                        or plastics,
                        covering the
                        ankle, not
                        incorporating a
                        protective metal
                        toe-cap, having
                        uppers of which
                        over 90 percent
                        of the external
                        surface area is
                        rubber or
                        plastics
                        (provided for in
                        subheading
                        6402.91.40)......
        9902.64.27     Footwear (other     Free         No change        No change        On or before 12/
                        than vulcanized                                                    31/2018.......
                        footwear and
                        footwear with
                        waterproof molded
                        or vulcanized
                        bottoms,
                        including bottoms
                        comprising an
                        outer sole and
                        all or part of
                        the upper, and
                        except footwear
                        designed to be
                        protective that
                        is incomplete in
                        its condition as
                        imported) with
                        outer soles and
                        uppers of rubber
                        or plastics,
                        valued over $24/
                        pair, whose
                        height from the
                        bottom of the
                        outer sole to the
                        top of the upper
                        does not exceed
                        20.32 cm if for
                        men or women or
                        does not exceed
                        17.78 cm if for
                        persons other
                        than men or
                        women, designed
                        to be used in
                        lieu of, but not
                        over, other
                        footwear as a
                        protection
                        against water,
                        oil, grease or
                        chemicals or cold
                        or inclement
                        weather, and
                        where protection
                        against water is
                        imparted by the
                        use of a coated
                        or laminated
                        fabric (provided
                        for in subheading
                        6402.91.50)......
       9902.64.28      Footwear (other     Free         No change        No change        On or before 12/
                        than work                                                          31/2018.......
                        footwear) with
                        outer soles and
                        uppers of rubber
                        or plastics,
                        covering the
                        ankle, for men or
                        women, such
                        footwear which
                        from the bottom
                        of the outer sole
                        to the top of the
                        upper does not
                        exceed 13 cm or
                        which exceeds 21
                        cm, or regardless
                        of height is slip-
                        on footwear
                        (provided for in
                        subheading
                        6402.91.90)......
        9902.64.29     Tennis shoes,       Free         No change        No change        On or before 12/
                        basketball shoes,                                                  31/2018.......
                        gym shoes,
                        training shoes
                        and the like
                        (provided for in
                        subheading
                        6402.91.90)......
       9902.64.30      Footwear with       Free         No change        No change        On or before 12/
                        outer soles and                                                    31/2018.......
                        uppers of rubber
                        or plastic, not
                        covering the
                        ankle, other than
                        work footwear or
                        house slippers
                        (provided for in
                        subheading
                        6402.99.31)......
       9902.64.31      Footwear (other     Free         No change        No change        On or before 12/
                        than vulcanized                                                    31/2018.......
                        footwear and
                        footwear with
                        waterproof molded
                        or vulcanized
                        bottoms,
                        including bottoms
                        comprising an
                        outer sole and
                        all or part of
                        the upper, and
                        except footwear
                        designed to be
                        protective that
                        is incomplete in
                        its condition as
                        imported), with
                        outer soles and
                        uppers of rubber
                        or plastics,
                        valued over $24/
                        pair, designed to
                        be used in lieu
                        of, but not over,
                        other footwear,
                        and where
                        protection
                        against water is
                        imparted by the
                        use of a coated
                        or laminated
                        textile fabric
                        (provided for in
                        subheading
                        6402.99.33)......
       9902.64.32      Footwear with       Free         No change        No change        On or before 12/
                        uppers and outer                                                   31/2018.......
                        soles of rubber
                        or plastics,
                        other than house
                        slippers
                        (provided for in
                        subheading
                        6402.99.41 or
                        6402.99.49)......
       9902.64.33      Footwear with       Free         No change        No change        On or before 12/
                        outer soles and                                                    31/2018.......
                        uppers of rubber
                        or plastics other
                        than house
                        slippers
                        (provided for in
                        subheading
                        6402.99.71 or
                        6402.99.79)......
       9902.64.34      Footwear with       Free         No change        No change        On or before 12/
                        outer soles and                                                    31/2018.......
                        uppers of
                        leather, covering
                        the ankle, other
                        than footwear for
                        women (provided
                        for in subheading
                        6403.51.90)......
       9902.64.35      Footwear for men,   Free         No change        No change        On or before 12/
                        and footwear for                                                   31/2018.......
                        youths and boys,
                        covering the
                        ankle, valued not
                        over $12/pair;
                        such footwear
                        which from the
                        bottom of the
                        outer sole to the
                        top of the upper
                        does not exceed
                        13 cm or which
                        exceeds 21 cm, or
                        regardless of
                        height is
                        waterproof
                        footwear, other
                        than work
                        footwear, tennis
                        shoes, basketball
                        shoes, gym shoes,
                        training shoes
                        and the like,
                        slip-on footwear,
                        and other than
                        footwear with
                        waterproof
                        bottoms,
                        including bottoms
                        comprising an
                        outer sole and
                        all or part of
                        the upper
                        (provided for in
                        subheading
                        6403.91.60)......
       9902.64.36      Slip-on footwear    Free         No change        No change        On or before 12/
                        for men and                                                        31/2018.......
                        footwear for
                        youths and boys,
                        covering the
                        ankle and
                        incorporating
                        waterproof
                        footwear bottoms
                        including bottoms
                        comprising an
                        outer sole and
                        part of the
                        upper; such
                        footwear with
                        sole components,
                        including any mid-
                        soles but
                        excluding any
                        inner soles,
                        which when
                        measured at the
                        ball of the foot
                        have a combined
                        thickness less
                        than 13.5 mm, the
                        foregoing valued
                        not over $20/pair
                        (provided for in
                        subheading
                        6403.91.60)......
       9902.64.37      Footwear for men,   Free         No change        No change        On or before 12/
                        other than slip-                                                   31/2018.......
                        on footwear, work
                        footwear, tennis
                        shoes, basketball
                        shoes, gym shoes,
                        training shoes
                        and the like,
                        valued not over
                        $12/pair
                        (provided for in
                        subheading
                        6403.91.60)......
       9902.64.38      Footwear for youth  Free         No change        No change        On or before 12/
                        and boys,                                                          31/2018.......
                        incorporating a
                        waterproof
                        footwear bottom
                        including bottoms
                        comprising an
                        outer sole and
                        part of the
                        upper, other than
                        tennis shoes,
                        basketball shoes,
                        gym shoes,
                        training shoes
                        and the like, and
                        other than slip-
                        on footwear
                        (provided for in
                        subheading
                        6403.91.60)......
       9902.64.39      Footwear (other     Free         No change        No change        On or before 12/
                        than footwear for                                                  31/2018.......
                        men or footwear
                        for youths and
                        boys) covering
                        the ankle, valued
                        over $12/pair;
                        such footwear of
                        a height which
                        from the bottom
                        of the outer sole
                        to the top of the
                        upper does not
                        exceed 13 cm, or
                        which exceeds 21
                        cm, or regardless
                        of height, is
                        waterproof
                        footwear, or
                        footwear where
                        the difference in
                        height between
                        the bottom of the
                        sole at the ball
                        of the foot to
                        the top of the
                        midsole and from
                        the bottom of the
                        heel to the top
                        of the midsole is
                        over 30 mm, other
                        than work
                        footwear and
                        other than slip-
                        on footwear
                        (provided for in
                        subheading
                        6403.91.90)......
        9902.64.40     Slip-on footwear    Free         No change        No change        On or before 12/
                        (other than                                                        31/2018.......
                        footwear for men
                        or footwear for
                        youths or boys)
                        covering the
                        ankle; such
                        footwear with a
                        heel over 15 mm
                        in height as
                        measured from the
                        bottom of the
                        sole or sole
                        components
                        (including any
                        mid-soles but
                        excluding any
                        inner soles)
                        which when
                        measured at the
                        ball of the foot
                        have a combined
                        thickness less
                        than 13.5 mm, the
                        foregoing valued
                        not over $20/pair
                        (provided for in
                        subheading
                        6403.91.90)......
        9902.64.41     Footwear for        Free         No change        No change        On or before 12/
                        women, covering                                                    31/2018.......
                        the ankle, valued
                        not over $12/
                        pair; such
                        footwear which
                        from the bottom
                        of the outer sole
                        to the top of the
                        upper does not
                        exceed 13 cm or
                        which exceeds 21
                        cm, other than
                        work footwear,
                        tennis shoes,
                        basketball shoes,
                        gym shoes,
                        training shoes
                        and the like,
                        slip-on footwear,
                        and other than
                        waterproof
                        footwear and
                        footwear with
                        waterproof
                        bottoms,
                        including bottoms
                        comprising an
                        outer sole and
                        all or part of
                        the upper
                        (provided for in
                        subheading
                        6403.91.90)......
       9902.64.42      Footwear for        Free         No change        No change        On or before 12/
                        persons other                                                      31/2018.......
                        than women, other
                        than slip-on
                        footwear, tennis
                        shoes, basketball
                        shoes, gym shoes,
                        training shoes
                        and the like, and
                        other than
                        footwear
                        incorporating
                        waterproof
                        footwear bottoms
                        comprising an
                        outer sole and
                        part of the upper
                        (provided for in
                        subheading
                        6403.91.90)......
       9902.64.43      Footwear for men    Free         No change        No change        On or before 12/
                        valued not over                                                    31/2018.......
                        $20/pair, having
                        uppers of leather
                        other than
                        pigskin, and
                        other than house
                        slippers, work
                        footwear, tennis
                        shoes, basketball
                        shoes, gym shoes,
                        training shoes
                        and the like, and
                        other than
                        footwear with
                        uppers having a
                        toe part or thong
                        (provided for in
                        subheading
                        6403.99.60)......
       9902.64.44      Footwear for men,   Free         No change        No change        On or before 12/
                        having uppers of                                                   31/2018.......
                        pigskin, other
                        than house
                        slippers, work
                        footwear, tennis
                        shoes, basketball
                        shoes, gym shoes,
                        training shoes
                        and the like
                        (provided for in
                        subheading
                        6403.99.60)......
       9902.64.45      Tennis shoes,       Free         No change        No change        On or before 12/
                        basketball shoes,                                                  31/2018.......
                        gym shoes,
                        training shoes
                        and the like for
                        youths and boys
                        (provided for in
                        subheading
                        6403.99.60)......
       9902.64.46      Footwear valued     Free         No change        No change        On or before 12/
                        over $2.50/pair                                                    31/2018.......
                        (other than
                        footwear for
                        women, house
                        slippers, and
                        other than tennis
                        shoes, basketball
                        shoes, gym shoes,
                        training shoes
                        and the like)
                        (provided for in
                        subheading
                        6403.99.90)......
       9902.64.47      Sports footwear,    Free         No change        No change        On or before 12/
                        tennis shoes,                                                      31/2018.......
                        basketball shoes,
                        gym shoes,
                        training shoes
                        and the like,
                        with outer soles
                        of rubber or
                        plastics and
                        uppers of textile
                        materials
                        (provided for in
                        subheading
                        6404.11.51,
                        6404.11.59,
                        6404.11.61,
                        6404.11.69,
                        6404.11.71,
                        6404.11.79,
                        6404.11.81 or
                        6404.11.89)......
       9902.64.48      Sports footwear     Free         No change        No change        On or before 12/
                        (other than ski                                                    31/2018.......
                        boots, cross
                        country ski
                        footwear and
                        snowboard boots)
                        for persons other
                        than men or women
                        (provided for in
                        subheading
                        6404.11.90)......
        9902.64.49     Ski boots, cross    Free         No change        No change        On or before 12/
                        country ski                                                        31/2018.......
                        footwear and
                        snowboard boots
                        for men or women
                        (provided for in
                        subheading
                        6404.11.90)......
        9902.64.50     Tennis shoes,       Free         No change        No change        On or before 12/
                        basketball shoes,                                                  31/2018.......
                        gym shoes,
                        training shoes
                        and the like,
                        covering the
                        ankle, for men
                        and women
                        (provided for in
                        subheading
                        6404.11.90)......
       9902.64.51      Footwear with       Free         No change        No change        On or before 12/
                        outer soles of                                                     31/2018.......
                        rubber or
                        plastics and
                        uppers of textile
                        materials, having
                        uppers of which
                        over 50 percent
                        of the external
                        surface area is
                        leather (provided
                        for in subheading
                        6404.19.15)......
       9902.64.52      Footwear (except    Free         No change        No change        On or before 12/
                        vulcanized                                                         31/2018.......
                        footwear and
                        footwear with
                        waterproof molded
                        or vulcanized
                        bottoms,
                        including bottoms
                        comprising an
                        outer sole and
                        all or part of
                        the upper, and
                        except footwear
                        designed to be
                        protective that
                        is incomplete in
                        its condition as
                        imported) with
                        outer soles of
                        rubber or
                        plastics and
                        uppers of textile
                        materials, valued
                        over $24/pair,
                        whose height from
                        the bottom of the
                        outer sole to the
                        top of the upper
                        does not exceed
                        20.32 cm if for
                        men or women or
                        does not exceed
                        17.78 cm if for
                        persons other
                        than men or
                        women, designed
                        to be used in
                        lieu of, but not
                        over, other
                        footwear as a
                        protection
                        against water,
                        oil, grease,
                        chemicals, or
                        cold or inclement
                        weather, and
                        where protection
                        against water is
                        imparted by the
                        use of a coated
                        or laminated
                        textile fabric
                        (provided for in
                        subheading
                        6404.19.20)......
       9902.64.53      Footwear for men,   Free         No change        No change        On or before 12/
                        with outer soles                                                   31/2018.......
                        of rubber or
                        plastics and
                        uppers of
                        vegetable fibers,
                        other than house
                        slippers
                        (provided for in
                        subheading
                        6404.19.25)......
        9902.64.54     Footwear with       Free         No change        No change        On or before 12/
                        outer soles of                                                     31/2018.......
                        rubber or
                        plastics and
                        uppers of textile
                        materials (except
                        footwear with
                        uppers having a
                        toe part or
                        thong) (provided
                        for in subheading
                        6404.19.36,
                        6404.19.37 or
                        6404.19.39)......
        9902.64.55     Footwear for        Free         No change        No change        On or before 12/
                        women, with outer                                                  31/2018.......
                        soles of rubber
                        or plastics and
                        uppers of textile
                        materials other
                        than house
                        slippers
                        (provided for in
                        subheading
                        6404.19.52,
                        6404.19.57, or
                        6404.19.59)......
       9902.64.56      Footwear with       Free         No change        No change        On or before 12/
                        outer soles of                                                     31/2018.......
                        rubber or
                        plastics and
                        uppers of textile
                        materials
                        (provided for in
                        subheading
                        6404.19.61,
                        6404.19.69,
                        6404.19.72,
                        6404.19.77,
                        6404.19.79,
                        6404.19.82,
                        6404.19.87,
                        6404.19.89, or
                        6404.19.90)......
       9902.64.57      Footwear with       Free         No change        No change        On or before 12/
                        uppers of                                                          31/2018.......
                        composition
                        leather, for men,
                        other than
                        footwear with
                        outer soles
                        containing rubber
                        or plastics to
                        which textile
                        materials have
                        been attached or
                        otherwise
                        combined
                        (provided for in
                        subheading
                        6405.10.00)......
       9902.64.58      Footwear with       Free         No change        No change        On or before 12/
                        uppers of textile                                                  31/2018.......
                        materials other
                        than footwear
                        with outer soles
                        containing rubber
                        or plastics to
                        which textile
                        materials have
                        been attached or
                        otherwise
                        combined, and
                        other than
                        footwear with
                        soles and uppers
                        of wool felt
                        (provided for in
                        subheading
                        6405.20.90)......
       9902.64.59      Footwear not        Free         No change        No change        On or before 12/  ''.
                        elsewhere                                                          31/2018.......
                        provided for in
                        chapter 64 other
                        than footwear
                        with outer soles
                        containing rubber
                        or plastics to
                        which textile
                        materials have
                        been attached or
                        otherwise
                        combined
                        (provided for in
                        subheading
                        6405.90.90)......

SEC. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall--
            (1) take effect on the 15th day after the date of the 
        enactment of this Act; and
            (2) apply to articles entered, or withdrawn from warehouse 
        for consumption, on or after such 15th day.
                                 <all>